NTC-22247 – Declaration of Security Controlled Airport and Establishment of Airside Area – Broome International Airport

Overview

The Aviation Transport Security Act 2004 was enacted to address the need for stringent security measures in Australia's aviation transport sector. The Act was introduced to safeguard against security threats to civil aviation, particularly in light of increasing global concerns about terrorism and other security risks. The enacting body was the Parliament of Australia, with the policy objective being to ensure that all measures are in place to protect the nation's aviation infrastructure and the passengers it serves. This Act provides the legal framework for the establishment of security measures at airports, including the designation of security controlled airports and the definition of airside areas where heightened security protocols must be observed. The revocation and subsequent declaration of Broome International Airport as a security controlled airport, as evidenced in the gazetted notice, is an application of the Act's provisions to adapt to current security needs and configurations.

Scope and Application

The Aviation Transport Security Act 2004 applies to any person, entity or industry involved in the aviation transport sector, with specific provisions governing conduct, transactions, and activities at airports designated as security controlled. The Act extends to the entire Commonwealth of Australia, ensuring a unified approach to aviation security across all states and territories. The Act mandates the establishment of security controlled airports, where stringent security measures are enforced to protect against potential threats. Broome International Airport is subject to this Act and has been declared a security controlled airport, establishing an airside area to enhance security protocols. This declaration and the establishment of the airside area are made under the authority granted by the Secretary of the Department of Home Affairs and are published in the Commonwealth of Australia Gazette. The Act may also extend its application through subordinate instruments, which provide further details and regulations on implementing the security measures required at these airports. Exclusions, exemptions, or specific thresholds are not detailed in this particular notice but are generally outlined within the Act itself or through subsidiary legislation. The Act’s broad application ensures that all relevant parties within the aviation sector comply with the stringent security requirements designed to safeguard Australia’s aviation infrastructure.

Key Provisions

The key operative sections of this Notice include the revocation of the previous notice (NTC-21824) that declared Broome International Airport as a security controlled airport (section 28(2)), the declaration that Broome International Airport is now a security controlled airport (section 28(1)), and the establishment of the airside area for the airport (section 29). The Notice also references the boundaries of the airport and the airside area, which are shown on the maps attached to the Notice (section 28(3)). The Notice comes into effect upon its publication in the Gazette. Under the Act, the Secretary of the Department of Home Affairs has the authority to declare an airport as a security controlled airport and to establish an airside area for the airport. This Notice exercises that authority in respect of Broome International Airport. The obligations imposed on the airport, airlines, and other entities governed by the Act include compliance with security measures and regulations set out in the Act and any applicable orders or directions issued under the Act. The Notice provides the boundaries of the airport and the airside area, which are critical for determining the scope of the security measures that apply to the airport and its operations. Breach of the security measures and regulations set out in the Act may result in criminal or civil penalties. The Act provides for a range of offences, including offences relating to unauthorised entry to the airside area, possession of prohibited items, and failure to comply with security measures. The maximum penalties for these offences vary depending on the offence and the circumstances of the breach. For example, the maximum penalty for unauthorised entry to the airside area is imprisonment for five years or a fine of up to $22,200, or both. The Act also provides for civil penalties, including fines of up to $22,200 for each day that a breach continues. In addition, the Secretary may issue infringement notices for minor breaches, with a maximum penalty of $1,110. The Notice does not specify any particular penalties for breach of the security measures and regulations, but it is clear that such breaches may result in serious consequences under the Act.